. /.   WORLD TRADE  
ORGANIZATION  TN/TF/W/116/Rev.1 
10 December 2007 
 (07-5452) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM JAPAN AND MONGOLIA 
 
Revision
 
  
 The following communication, dated 7 December 2007, is being circulated at the request of 
the Delegations of Japan and Mongolia.   
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PROPOSALS ON APPEAL PROCEDURES 
  
1. The following textual proposal is submitted by Japan and Mongolia for consideration by the 
Negotiating Group. It is closely based on the prop osals on appeal procedures made in the joint 
communication TN/TF/W/97 of 10 May 2006 and takes account of the discussion and other 
submissions on this issue in the Negotiating Group.  
2. We acknowledge that some provisions require transitional implementation by developing-
country Members because of their lack of capacity to meet the obligations.  However, several core 
elements such as publication of trade-related law and regulations in accordance with Article X of 
GATT 1994 should be implemented by all the Members immediately upon the entry into force of the 
Trade Facilitation Agreement because of  the basic nature of such provi sions and the fact that the new 
agreement does not add any new obligations to the current system of GATT 1994.  Similarly, we believe that national treatment, most-favoured-n ation treatment, general and security exceptions 
provided for in Articles I, III, XX, and XXI of GATT 1994 should apply to all the Members immediately even if those concepts are not stipul ated in the new agreement.  The following is an 
example of text which explicitly incorporates Articles XX and XXI of GATT 1994 into the new 
agreement: 
With regard to general and security exceptions, the provisions of Articles XX and XXI of 
GATT 1994 shall apply. 
 
3. The co-sponsors propose that S&D treatment and TA & CB be taken forward through the 
development of a horizontal mechanism that would take account of the needs, priorities, and implementation capacities of developing and least-developed Members in relation to commitments.  A number of relevant submissions on these issues have  been made to the Negotiating Group on Trade 
Facilitation from Members such as TN/TF/W/ 81, TN/TF/W/82, TN/TF/W/95, TN/TF/W/137, 
TN/TF/W/142 and TN/TF/W/147.  TN/TF/W/116/Rev.1 
Page 2  
 
  Textual proposals 
 
I. APPEAL PROCEDURES 
A. R
IGHT OF APPEAL  
1. Each Member shall provide that any person to  whom customs or another relevant border 
agency issues a decision has the right, within its territory, without penalty, to: 
(a) administrative appeal independent of the employee or office of the agency which 
issued the  decision; and 
(b) judicial appeal of the decision. 
2.       The legislation of each Member may require administrative appeal to be initiated prior to 
judicial appeal. 
 
B. TRANSPARENCY  
3. Members shall ensure that appeal procedures are carried out in a non-discriminatory manner, 
and that information concerning such procedures is made available to traders in such a manner as 
defined in Article [X].  Traders shall be allowed to  be represented at all stages of appeal procedures 
by independent legal counsel. 
C. SET PERIOD  
4. Members shall ensure that customs and other relevant border agencies adopt and maintain set 
periods for their review and correction of decisions  under the appeal procedures. The appellant shall 
have the right, for procedures mentioned in paragrap h 1(a), in a case of undue delay, to bring the case 
to the next higher instance.  
 
II. OPPORTUNITIES TO RECEIVE INFORMATION AND GRIEVANCES 
5. Members shall ensure that customs and other relevant border agencies afford opportunities for 
traders, upon request, to receive information c oncerning the administrative decision such as the 
reasoning of the decision including applied laws and regulations. 
 
6. Members shall ensure that customs and other relevant border agencies receive grievances from traders concerning the administrative decision they are addressed to.
1  
 
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1 Note: Grievances would be received, for example, at existing enquiry points, divisions, sections of 
customs and other border agencies concerned depending on each Member’s situation.